A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 25, 2015, the Defendant was issued a summary order of KRW 5 million for a fine of KRW 5 million due to a violation of the Road Traffic Act in the Daegu District Court's Ansan-dong branch.

Nevertheless, at around 13:57 on September 8, 2019, the Defendant, without a motorcycle driver's license, driven the DCITRI100 Orki, which was not covered by the automobile mandatory insurance in the 1km section from the front of the restaurant located in Ansan-si B in the state of alcohol of 0.056%, to the national species resources support road located in the same city of 809 in the same city of the same city, from the front of the restaurant in the city of Ansan-dong without a motorcycle driver's license.

As a result, the defendant violated the prohibition of drinking driving more than twice, and at the same time, the defendant was driving a motorcycle which was not covered by mandatory insurance without obtaining a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Arrest report on the occurrence of the case, report on the circumstances of the drinking driver, inquiry into the results of crackdown on drinking driving, and investigation report;

1. Records before judgment: Application of criminal records, etc., written inquiry and written summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

Article 40 or 50 (Selection of Imprisonment)

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for probation and order to attend a lecture once again re-offending the defendant who has been punished for drinking driving multiple times, recognizing his mistake on the one hand, and reflecting his depth, and having been sentenced to a fine even before, and taking full account of the defendant's age, character and conduct, family environment, motive, means and consequence of the crime, circumstances after the crime, etc.